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A man was declared guilty on higher court review of raping Gisèle Pelicot after she was drugged unconscious by her spouse – and was given his jail term extended to ten years.

Higher Court Case

The defendant, 44, an out-of-work construction worker, who had challenged his initial guilty verdict last year, experienced a retrial this week at the Nîmes court of appeal.

A jury of five men and four women, sitting with three judges, convicted Dogan on Thursday of sexually assaulting the victim in her residence in Provence in the morning of June 29, 2019.

The testimony revealed that Dogan, a family man, reached out to the victim's spouse, the husband, in an digital platform called “without her consent”, where Pelicot was recruiting men to come to his home to assault his wife once he had drugged her into a unconscious state.

We expect the court will affirm that in this country, fundamental rights are also rights of women – that agreement is individual, not delegated,” stated the victim's attorney, her legal representative. “Consent is received personally and not through someone else from a husband.”

Case History

The ex-husband, one of the worst sexual predators in modern French history, was handed a sentence to twenty years in prison last year for incapacitating his spouse and bringing in numerous individuals to sexually assault her in her home in the town of the village of Mazan over a duration of nearly ten years of their marriage.

Numerous other individuals were found convicted in a notable trial last year, and Dogan was the sole individual to contest his sentence. He was originally sentenced to nine years in prison, a sentence raised on Thursday to 10 years.

The chief prosecutor, the prosecutor, had argued he should serve 12 years, because he “completely denies to take any responsibility”.

Courtroom Details

Dogan had first sent the husband graphic images and then driven an hour from his residence in Provence to rape the victim, after telling his wife he was leaving, the evidence indicated.

Pelicot, who was transported from isolation in prison to briefly give evidence at the retrial, told the court that the accused had known his wife had been “incapacitated” and he told to men by phone: “I’m looking for someone to violate my wife after I’ve rendered her unconscious without her consent.”

The proceedings became a focus point for a broader debate on sexual violence norms in society as the defendant continued to claim he was not guilty and had not engaged in violation, arguing that because the victim's husband had allowed him into the room, his behavior had been permissible.

The panel in the higher court was shown recorded footage of Gisèle Pelicot’s unresponsive form, comatose and breathing heavily in a unconscious condition, while a grinning the perpetrator performed assault multiple times over a period of what authorities reported was several hours. The court official said she had been at risk of death by suffocation. The state prosecution said there was absolute certainty that she had been unaware and had not consented.

Accused's Testimony

The defendant informed the court the videos were simply “intimate moments” and rejected it was violation. He said what he did was “a sexual act”, not assault. He told the court: “I did not commit rape.” He said the victim's husband had allowed him to the house, and therefore it was OK. He said he was influenced by the husband. “I attempted to cease,” the accused told the court. “I carried on because he convinced me.”

Questioned if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to harm that lady.”

Pelicot's Words

The survivor, who was cheered upon exiting the courtroom each day by onlookers gathered to back her, addressed the defendant in court: “You do not grasp. When will you admit you assaulted me? It’s a crime to rape an unaware woman. How could I have give you permission? Not once.”

The victim, seventy-two, became an international feminist hero after she gave up her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

Sie, addressing the victim in court, said Dogan’s unwillingness to take blame showed that: “Shame has not yet changed sides. The public is possibly in the process of that, maybe motivated by the collective awareness brought by the publication of your case.”

The prosecutor said Dogan’s claims of non-guilt showed how rape culture was still widespread in society as part of “archaic” forms of “gender-based power”. He said: “It is imperative to change rape culture to a culture of consent.”

The prosecutor said to the defendant: “While you refuse to admit it, it’s not just a individual, it’s an complete sordid societal structure that you are endorsing.”

Personal History

Dogan was originated from Turkey and at the age of five relocated to the nation of France, where his parent worked as a building manager. The evidence indicated that his parent was aggressive and that the defendant began consuming marijuana aged ten. When he was seventeen he was caught by authorities for drug trafficking and his parent kicked him out of home. He served time in prison for narcotics offenses in his twenties and had worked as a builder but had undergone periods of homelessness.

He was married and had a child with a genetic condition, who he was the primary guardian for, as his wife worked in a school canteen. The testimony revealed his spouse did not know he had repeated intimate relations outside their union. His legal team said this was his way of coping with his difficult circumstances. Dogan had told a mental health expert that each year he engaged in transactional encounters on his birthday. His lawyers told the court he had arthritis resulting from the anxiety of the original case.